Operation Trade Mark Rescue is our unique initiative to reunite business owners with expired trade marks. It was born out of desire to ensure no business loses a valuable asset simply because of an old address on the Trade Marks Register.
Typically, this occurs because the business has moved during the ten years since filing and registering their trade marks. As a result, the official renewal mail sent by IP Australia to the 'address for service' is not received. Six months from the renewal date, the registration permanently expires.
Thankfully, there is a window of opportunity to restore and renew expired trade marks.
Here are FOUR reasons why it is essential to rectify expiry ASAP:
- An expired trade mark registration is no longer acting as an automatic barrier to the same or similar trade marks that might be filed by another applicant. As such, another business could end up owning a trade mark that could cause confusion to your clients and customers, and the marketplace more generally.
- An expired trade mark registration is no longer providing its owner a statutory monopoly and therefore is no longer a valuable asset to your business. This could have huge ramifications to the business's value, potential investment and/or sale, and other important scenarios.
- The longer a trade mark is expired during that six month window, the more expensive it is to restore as monthly extension fees must be paid.
- The longer the trade mark is expired the Registrar can at its discretion choose not to renew the trade mark's registration.
We can help by renewing your trade mark on your behalf, including paying all IP Australia late penalties (accrued per month after the renewal date up to 6 months in total) and renewal fees, which will secure a further 10 years of registration. We charge a nominal service fee, which also includes updating your business's address and acting as your 'address for service' so you never miss a renewal again.
For a fixed-fee quote, CONTACT US today.
Should I renew an old version of our logo?
There can be important strategic reasons for maintaining an older registration, which we can outline based on your specific circumstances.
What if the registration is now in the wrong name?
If the old entity no longer exists, such as due to deregistration, a new trade mark application will need to be made. But if the owner’s name has simply changed or the business has been sold to a new owner, submitting assignment documents will usually suffice.
What if my trade mark is past the 6-month grace period?
We will search the Trade Marks Register (free) to see if there have been any subsequent trade mark applications and/or registrations that could pose a barrier to a new application. Even if there is, continuous use of your mark over years should mean we can overcome any objections.
What fees are involved?
Government per-class renewal fees and per-month late fees must be paid to secure a further 10 years of registration. Our service fee includes paying on your behalf, updating your address and acting as your ‘address for service’ going forward. The alternative is to lose a far more valuable asset that has the benefit of statutory registration.
When should I let a trade mark registration expire?
If you never used the trade mark, or haven’t used it for at least three years, and still have no intention to use it, naturally you can safely let the registration expire.